Personal Injury Litigation
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Fortunately, personal injury litigation is not necessarily counterintuitive to Biblical principles, but still it should be the last course of action a Christian pursues. Christians must examine motives and trust their heart. If an aggrieved person is going to court for no other reason than to gain revenge or wealth, than that may be counter to Biblical principles. However, if after examining all aspects of a case, a person feels justified and is convinced that they are acting appropriately in pursuing legal action, he or she should act with compassion. Litigation is difficult for all involved, regardless of fault. The other side may be suffering from the experience as well. The Bible says not to rob the poor nor oppress the afflicted. Poor in this context does not necessarily refer to lack of money. And both sides may be afflicted. If an opportunity arises to settle out-of-court, the offer should be discussed thoroughly with an attorney. "Go not forth hastily to strive, lest thou know not what to do in the end thereof, when thy neighbor hath put thee to shame. Debate they cause with thy neighbor himself; and discover not a secret to another." (Proverbs 25: 8-9)
Basically, there are two categories of injury claims: negligent acts and tort. Tort is defined as the wrongful act, injury, or damage, for which a civil action can be brought by one person against another to gain compensation through the courts. On the other hand, negligence can be claimed when the person who caused the damage did not intend for the action to result in the injury. He or she is deemed to have been careless with the safety of other people. For the most part, in order to win a negligence case, an injured person must show that the person who is being charged with causing the damage did not exercise reasonable care, and that his or her negligent actions resulted in the injuries. Personal injury litigation is an incredibly complex process, and this article cannot possibly cover all nuances of the legal system. Please, consult an expert with legal questions. According to an attorney who specializes in personal injury litigation, some common negligence actions include automobile accidents, slip and fall accidents, and medical malpractice actions. These types of negligent actions may be considered careless or reckless, but they are not necessarily criminal in nature. If a driver runs their car over another person's foot and causes injuries, the driver of the car may have been acting negligently but not with criminal intent.
That's one oversimplified example, and in actuality, any action by one or more persons or even a business deemed to be negligent by an injured party can be brought into court. Obviously, some cases are appropriate for personal injury litigation and do belong in court, maybe not for financial compensation, but to possibly prevent future injuries to other people. But, some rather infamous cases involving what many consider to be insane charges and even more ridiculous damage awards have been publicized in recent years. As a result, warnings that often cause a rational person to scratch their head and laugh have appeared everywhere. For example, coffee cups warn a person that the contents about to be enjoyed may be extremely hot. Coffee is suppose to be hot. Don't spill it. Cardboard automobile sunshades have printed warnings to the driver saying that the device must be removed from the windshield before driving. Who would drive down the road while their entire windshield is covered by a piece of cardboard? It had to have happened at least once because almost every consumer warning has a story that probably evolved through personal injury litigation.
Torts occur when a person intends to commit a wrongful act. Assault, abuse, and defamation are some common torts. According to legal experts, torts are very difficult to collect monetary compensation on because most insurance policies don't cover intentional acts. However, criminal actions can result in stiff penalties, including prison time. Negligence is multifaceted with many legal terms that should be learned by anyone seeking damages through personal injury litigation. Keep in mind, negligence laws vary significantly from state to state and even within regions with multiple legal jurisdictions. Consult with an attorney about local negligence laws and any term explained in this article. Most are very complex with many variations and interpretations. First, proximate cause exists when a person is injured as the result of negligent conduct and the injury was a natural and probable result of the conduct. Within personal injury litigation, the law also distinguishes between negligence and gross negligence. Gross negligence is defined as conduct, or a failure to act, so reckless that an injury will result. Regardless of whether an action is considered ordinary or gross negligence, children and minors are typically held to a different negligent standard than are adults. Factors such as age and mental capacity are consider in any personal injury case that involves a minor.
Sometimes what is known as contributory negligence principles are used to help determine liability in a personal injury litigation case. Basically, under this principle, if a person in any way contributed to his or her own injury, he or she is barred from recovering damages. However, according to one legal website, because of the extreme nature of contributory negligence, its use has been limited or banned in some areas. Occasionally, if a person is found to have contributed to his or her own injury, they may still be able to collect compensatory damages. Mixed comparative and contributory negligence permits a person who is less than fifty percent at fault to recover reduced damages. Finally, there is vicarious liability, which occurs when one person is held responsible for the negligence of another. Generally, this occurs in two situations. First, an employer may be considered responsible for the negligent acts of the employee. And, parents may be held vicariously liable for the acts of their children.
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